Texas Supreme Court Has Shut Down the Challenge to New Abortion Law
It's Official: TheTexas Supreme Court Has Shut Down the Challenge to New Abortion Law.
While many Texans rejoiced at the solidifying of one of the toughest abortion laws in the United States, many others immediately began fighting what they consider to be an incredibly unfair law to those seeking to terminate an unwanted pregnancy.
Senate Bill 8, which passed back in May of 2021 and took effect in September of 2021, was what KHOU11 describes as a "near-total ban on abortion that bars the medical procedure once the fetal cardiac activity is detected."
Last December, the highest court in the land, the U.S. Supreme Court, ruled "against most of the arguments abortion providers brought forward in their case but did allow a narrow challenge about the state's licensing board to advance -- sending it back down to the 5th Circuit Court of Appeals," reports KHOU11.
Abortion advocates had hoped the 5th Circuit Court of Appeals would send it on to a federal court. Instead, the case was picked up in the Texas Supreme Court.
The lawyers working on behalf of abortion providers argued the state can be sued given that the state's medical licensing board can revoke license from aforementioned abortion providers--which means they're essentially enforcing the law.
However, the Texas Supreme Court justices were in disagreement. Here's their statement:
"Senate Bill 8 provides that its requirements may be enforced by a private civil action, that no state official may bring or participate as a party in any such action, that such an action is the exclusive means to enforce the requirements, and that these restrictions apply notwithstanding any other law.
Based on these provisions, we conclude that Texas law does not grant the state-agency executives named as defendants in this case any authority to enforce the Act’s requirements, either directly or indirectly."
Do you agree or disagree with their decision? Let us know in the comment section on Facebook.
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